Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 22. Social Services
Agency 40. Department of Social Services
Chapter 295. Temporary Assistance for Needy Families (TANF)
5/29/2024

22VAC40-295-30. Assistance unit.

A. With respect to a dependent child, the assistance unit shall include, if living in the same household and otherwise eligible for assistance:

1. The natural or adoptive parent; and

2. The blood-related or adoptive brother or sister, including those emancipated.

B. The following child is not included in the assistance unit:

1. A child who is receiving Supplemental Security Income;

2. A child who is ineligible due to failure to meet alienage requirements;

3. A child whose social security number has not been provided or application has not been made for such social security number.

4. A child receiving an adoption assistance payment or a foster care maintenance payment. However, if excluding a child who is receiving an adoption assistance payment reduces the TANF benefit to the remaining family members, the child must be included.

C. A caretaker who meets all other eligibility requirements must be considered eligible to receive TANF benefits for his own needs even though the only child living in the caretaker's home is receiving foster care maintenance payments or Supplemental Security Income. In determining assistance for this assistance unit, the needs and income of the child who receives foster care maintenance or Supplemental Security Income must not be considered.

D. A nonparent caretaker may receive assistance if he requests assistance and his countable income, when added to the countable income of the eligible children, does not exceed income limits.

Statutory Authority

§ 63.2-217 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 23, eff. September 1, 2004.

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.